Other issues discussed included whether Al-Nashiri should be allowed to spend the nights at the compound of the war court during hearings as the torture he had been subject to had caused medical illnesses for him and the journey to and from his cell each day was tiring and making him ill. Other motions continued to press for the whole Senate Torture Report from 2014 to be disclosed to the defence. Barack Obama has stated that his copy of the report will be archived. Senator Dianne Feinstein has again called for the whole report to be disclosed to the public. During the pre-trial hearing, 2024 was suggested as a start date for the actual trial into the case.
With the judge in this case not approving the preservation of the Senate Torture Report for potential future use in the trial, US District Court Judge Royce Lamberth made a decision for this to be done and “all evidence, documents and information, without limitation, now or ever in the [U.S. government’s] possession, control or custody, relating to the torture, mistreatment, and/or abuse of detainees held in the custody of the Executive Branch” since Sept. 11, 2001” to be maintained and preserved, as well as to deliver a copy of the report to the military commission court. The report contains a whole chapter on the torture Al Nashiri faced in CIA detention. http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article123591209.html?platform=hootsuite#storylink=cpy
It has emerged that in April, the Obama administration asked Israel to accept the transfer of a Kenyan prisoner and to prosecute him as he cannot be tried at Guantánamo. Mohammed Abdul Malik Bajabu, 43, has been held at Guantánamo since 2007. From statements he gave to the US military while a prisoner prior to arrival at Guantánamo, as revealed by Wikileaks, https://wikileaks.org/gitmo/prisoner/10025.html it is alleged that he was tenuously involved in a terrorist attack on Israeli tourists in Mombasa, Kenya, in 2002. Israeli officials are reportedly prepared to accept the transfer and to prosecute him, however the process has not moved forward as the FBI has so far refused to provide Israel with more information than that leaked by Wikileaks; in particular Israel has asked for the confession of his involvement in the attack in Mombasa. Lee Wolosky, Barack Obama’s special envoy for Guantánamo, who oversees arrangements for transfers, visited Israel in April to discuss the visit.
At around the same time, the Uruguayan government agreed with the other 5 prisoners released to the country in 2014, who are also refugees, to extend the support package they are in receipt of – accommodation and a stipend – until February 2018, although the stipend has been reduced. While the Uruguayan government claims that three of the men are in employment, these are not well paid jobs or full time. Although he plans to leave the country, the Uruguayan government has said that Jihad Diyab is entitled to this package as well.
Barack Obama’s administration has revealed that he plans to transfer at least 17 of the 23 prisoners currently cleared for release before he leave the White House. Plans are currently underway to transfer the men to countries such as Saudi Arabia, the UAE, Oman and Italy, which means that they will be transferred to highly restrictive conditions or detention, at the behest of the USA, abroad.
At the same time, Barack Obama has once again approved the National Defense Authorization Act (NDAA) for 2017 preventing the transfer of Guantánamo prisoners to the US mainland. However the law includes provisions for the temporary transfer of prisoners to the US mainland for medical treatment and to start the construction of possible prisons to hold prisoners on the mainland in the future.